Stephen J Toope
Biographic Data
| ID | 1667869 |
|---|---|
| NAME | Stephen J Toope |
| GIVEN NAMES | Stephen J |
| FAMILY NAME | Toope |
| SIGNATURE | TOOPE S J |
| AFFILIATIONS | University of British Columbia |
| VERIFIED | No |
| TOTAL WORKS | 15 |
| TOTAL CITATIONS | 133 |
| AUTHOR COUNT | 15 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 1997 |
| LATEST PUBLICATION YEAR | 2018 |
| H-INDEX | 4 |
Norm Robustness and Contestation in International Law
Using the example of the right to self-defense under customary international law, we engage with questions concerning the linkage between norm robustness and legality. We draw out important differences between validity contestation and applicatory contestation within law. In so doing, we connect the international relations (IR) debate over norm robustness with our framework of interactional international law, bringing together constructivist insi…
Self-Defence Against Non-State Actors
Can a few primarily Western States expand the right to self-defence against non-State actors, incorporating the unwilling or unable standard? Even on a traditional reading of customary law formation, the answer is no because proponents have failed to attract consistent and widespread support. What is more, using our interactional international law approach, we show that efforts to date have not been successful because they have failed to address …
The Sovereignty of International Law
Patrick Macklem’s The Sovereignty of Human Rights is underpinned by a commitment to explaining the role of human rights law from the ‘inside’ of international law, distinguishing this strictly legal realm from global politics. We explore questions surrounding the ‘inside’ and ‘outside’ of international law by juxtaposing Macklem’s positivist, validity-focused, account and our own ‘interactional’ approach, which embraces the embeddedness of law in…
Constructivism and International Law
Over the last decade or so, a new dialogue has emerged between international relations (IR) theorists interested in the social creation of identity and who focus attention on the role of norms in international politics, and international law (IL) scholars for whom normative evolution is a stock-in-trade. These norm-interested IR thinkers have been labeled “constructivists.” Constructivists are interested in many questions, of which the social cre…
Interactional international law
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
History, mystery, and mastery
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Legitimacy and Legality in International Law
It has never been more important to understand how international law enables and constrains international politics. By drawing together the legal theory of Lon Fuller and the insights of constructivist international relations scholars, this book articulates a pragmatic view of how international obligation is created and maintained. First, legal norms can only arise in the context of social norms based on shared understandings. Second, internal fe…
The Responsibility to Protect and the Use of Force
The rapid rise of the responsibility to protect provides us with a unique opportunity to consider the impact of a decade or so of determined norm entrepreneurship. The responsibility to protect has not yet become a binding norm of international law, and in this article we examine what factors are holding back or promoting this development. We draw on an 'interactional' account of international law, which focuses on three inter-locking elements. F…
Disparitions, prisons secrètes et restitutions extraordinaires
En choisissant le registre militaire pour contrer le terrorisme, les États-Unis ont tourné le dos à leur propre tradition juridique, dérogé aux normes internationales et abîmé leur prestige. Ce bilan des procédures d'exception montre que si les principes fondamentaux sont malmenés, leur efficacité n'est pas flagrante pour autant
Canada and the use of Force
The events of 11 September 2001 propelled the issue of global terrorism to the top of the international agenda, and prompted dramatic shifts in international political dynamics. Although there is wide agreement that the world is facing complex security challenges, a harsh debate has opened up over the appropriate responses. Building on the existing rhetoric of the "clash of civilizations," this debate was initially cast as one between the west an…
The Use of Force
Debates surrounding the second Iraq war have prompted a range of commentators to diagnose the death of the law on the use of force, to call for its adaptation to the globalization of threats and the problem of so-called failed States, or to assert the need to defend the UN Charter framework. In this article, we look behind the shrill rhetoric of the post-invasion commentary and invite a sober assessment of the current situation. Our aim is not to…
Slouching Towards New 'Just' Wars
Twentieth-century international law was in large part a struggle to reduce the evil of war by codifying a restrictive doctrine of 'just war'. The US Administration under George W. Bush has made concerted efforts to resurrect an expansive doctrine of just war: one rooted in broad moral, rather than restrictive legal, assessments of threats and punishments. Existing rules ask us to pause and inquire whether war is necessary and just. The debate ove…
Alternatives to “Legalization
The authors of “Legalization and World Politics” (International Organization, 54, 3, summer 2000) define “legalization” as the degree of obligation, precision, and delegation that international institutions possess. We argue that this definition is unnecessarily narrow. Law is a broad social phenomenon that is deeply embedded in the practices, beliefs, and traditions of societies. Understanding its role in politics requires attention to the legit…
Self-determination—Canada—Quebec—right to secede under constitutional law and public international law—role of international law in Canadian courts
Re Reference by Governor in Council Concerning Certain Questions Relating to Secession of Quebec from Canada. Supreme Court of Canada, August 20, 1998. In an attempt to clarify the legal context in which continuing Canadian constitutional conundrums arise, the federal executive referred three questions to the Supreme Court of Canada regarding the legality under both Canadian constitutional law and international law of a potential unilateral decla…
Environmental Security and Freshwater Resources
We have previously argued that international environmental law does not adequately promote environmental security because it has failed to adopt an ecosystem orientation. In this paper we suggest that environmental security in the context of freshwater resources can only be achieved through a sophisticated understanding of regime formation and elaboration, linked with a determined pursuit of ecosystem orientation. Our underlying assumptions are t…
Alternatives to “Legalization
The authors of “Legalization and World Politics” (International Organization, 54, 3, summer 2000) define “legalization” as the degree of obligation, precision, and delegation that international institutions possess. We argue that this definition is unnecessarily narrow. Law is a broad social phenomenon that is deeply embedded in the practices, beliefs, and traditions of societies. Understanding its role in politics requires attention to the legit…
Environmental Security and Freshwater Resources
We have previously argued that international environmental law does not adequately promote environmental security because it has failed to adopt an ecosystem orientation. In this paper we suggest that environmental security in the context of freshwater resources can only be achieved through a sophisticated understanding of regime formation and elaboration, linked with a determined pursuit of ecosystem orientation. Our underlying assumptions are t…
Self-Defence Against Non-State Actors
Can a few primarily Western States expand the right to self-defence against non-State actors, incorporating the unwilling or unable standard? Even on a traditional reading of customary law formation, the answer is no because proponents have failed to attract consistent and widespread support. What is more, using our interactional international law approach, we show that efforts to date have not been successful because they have failed to address …
The Use of Force
Debates surrounding the second Iraq war have prompted a range of commentators to diagnose the death of the law on the use of force, to call for its adaptation to the globalization of threats and the problem of so-called failed States, or to assert the need to defend the UN Charter framework. In this article, we look behind the shrill rhetoric of the post-invasion commentary and invite a sober assessment of the current situation. Our aim is not to…
Norm Robustness and Contestation in International Law
Using the example of the right to self-defense under customary international law, we engage with questions concerning the linkage between norm robustness and legality. We draw out important differences between validity contestation and applicatory contestation within law. In so doing, we connect the international relations (IR) debate over norm robustness with our framework of interactional international law, bringing together constructivist insi…
The Responsibility to Protect and the Use of Force
The rapid rise of the responsibility to protect provides us with a unique opportunity to consider the impact of a decade or so of determined norm entrepreneurship. The responsibility to protect has not yet become a binding norm of international law, and in this article we examine what factors are holding back or promoting this development. We draw on an 'interactional' account of international law, which focuses on three inter-locking elements. F…
Interactional international law
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Canada and the use of Force
The events of 11 September 2001 propelled the issue of global terrorism to the top of the international agenda, and prompted dramatic shifts in international political dynamics. Although there is wide agreement that the world is facing complex security challenges, a harsh debate has opened up over the appropriate responses. Building on the existing rhetoric of the "clash of civilizations," this debate was initially cast as one between the west an…
The Sovereignty of International Law
Patrick Macklem’s The Sovereignty of Human Rights is underpinned by a commitment to explaining the role of human rights law from the ‘inside’ of international law, distinguishing this strictly legal realm from global politics. We explore questions surrounding the ‘inside’ and ‘outside’ of international law by juxtaposing Macklem’s positivist, validity-focused, account and our own ‘interactional’ approach, which embraces the embeddedness of law in…
History, mystery, and mastery
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Environmental Security and Freshwater Resources
We have previously argued that international environmental law does not adequately promote environmental security because it has failed to adopt an ecosystem orientation. In this paper we suggest that environmental security in the context of freshwater resources can only be achieved through a sophisticated understanding of regime formation and elaboration, linked with a determined pursuit of ecosystem orientation. Our underlying assumptions are t…
Self-determination—Canada—Quebec—right to secede under constitutional law and public international law—role of international law in Canadian courts
Re Reference by Governor in Council Concerning Certain Questions Relating to Secession of Quebec from Canada. Supreme Court of Canada, August 20, 1998. In an attempt to clarify the legal context in which continuing Canadian constitutional conundrums arise, the federal executive referred three questions to the Supreme Court of Canada regarding the legality under both Canadian constitutional law and international law of a potential unilateral decla…
Alternatives to “Legalization
The authors of “Legalization and World Politics” (International Organization, 54, 3, summer 2000) define “legalization” as the degree of obligation, precision, and delegation that international institutions possess. We argue that this definition is unnecessarily narrow. Law is a broad social phenomenon that is deeply embedded in the practices, beliefs, and traditions of societies. Understanding its role in politics requires attention to the legit…
Canada and the use of Force
The events of 11 September 2001 propelled the issue of global terrorism to the top of the international agenda, and prompted dramatic shifts in international political dynamics. Although there is wide agreement that the world is facing complex security challenges, a harsh debate has opened up over the appropriate responses. Building on the existing rhetoric of the "clash of civilizations," this debate was initially cast as one between the west an…
The Use of Force
Debates surrounding the second Iraq war have prompted a range of commentators to diagnose the death of the law on the use of force, to call for its adaptation to the globalization of threats and the problem of so-called failed States, or to assert the need to defend the UN Charter framework. In this article, we look behind the shrill rhetoric of the post-invasion commentary and invite a sober assessment of the current situation. Our aim is not to…
Slouching Towards New 'Just' Wars
Twentieth-century international law was in large part a struggle to reduce the evil of war by codifying a restrictive doctrine of 'just war'. The US Administration under George W. Bush has made concerted efforts to resurrect an expansive doctrine of just war: one rooted in broad moral, rather than restrictive legal, assessments of threats and punishments. Existing rules ask us to pause and inquire whether war is necessary and just. The debate ove…
Disparitions, prisons secrètes et restitutions extraordinaires
En choisissant le registre militaire pour contrer le terrorisme, les États-Unis ont tourné le dos à leur propre tradition juridique, dérogé aux normes internationales et abîmé leur prestige. Ce bilan des procédures d'exception montre que si les principes fondamentaux sont malmenés, leur efficacité n'est pas flagrante pour autant
Legitimacy and Legality in International Law
It has never been more important to understand how international law enables and constrains international politics. By drawing together the legal theory of Lon Fuller and the insights of constructivist international relations scholars, this book articulates a pragmatic view of how international obligation is created and maintained. First, legal norms can only arise in the context of social norms based on shared understandings. Second, internal fe…
The Responsibility to Protect and the Use of Force
The rapid rise of the responsibility to protect provides us with a unique opportunity to consider the impact of a decade or so of determined norm entrepreneurship. The responsibility to protect has not yet become a binding norm of international law, and in this article we examine what factors are holding back or promoting this development. We draw on an 'interactional' account of international law, which focuses on three inter-locking elements. F…
Interactional international law
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
History, mystery, and mastery
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Constructivism and International Law
Over the last decade or so, a new dialogue has emerged between international relations (IR) theorists interested in the social creation of identity and who focus attention on the role of norms in international politics, and international law (IL) scholars for whom normative evolution is a stock-in-trade. These norm-interested IR thinkers have been labeled “constructivists.” Constructivists are interested in many questions, of which the social cre…
The Sovereignty of International Law
Patrick Macklem’s The Sovereignty of Human Rights is underpinned by a commitment to explaining the role of human rights law from the ‘inside’ of international law, distinguishing this strictly legal realm from global politics. We explore questions surrounding the ‘inside’ and ‘outside’ of international law by juxtaposing Macklem’s positivist, validity-focused, account and our own ‘interactional’ approach, which embraces the embeddedness of law in…
Norm Robustness and Contestation in International Law
Using the example of the right to self-defense under customary international law, we engage with questions concerning the linkage between norm robustness and legality. We draw out important differences between validity contestation and applicatory contestation within law. In so doing, we connect the international relations (IR) debate over norm robustness with our framework of interactional international law, bringing together constructivist insi…
Self-Defence Against Non-State Actors
Can a few primarily Western States expand the right to self-defence against non-State actors, incorporating the unwilling or unable standard? Even on a traditional reading of customary law formation, the answer is no because proponents have failed to attract consistent and widespread support. What is more, using our interactional international law approach, we show that efforts to date have not been successful because they have failed to address …
Political science (15 works) · Law (12 works) · International law (11 works) · Sociology (11 works) · Law (10 works) · Law and economics (10 works) · International Law and Human Rights (8 works) · Politics (8 works) · Global Peace and Security Dynamics (6 works) · Principle of legality (6 works)